Do You Need To Register?Questions to ask when determining if you should file.
1. Is the loan being made or being considered to be made:
- to a natural person or persons;
- Is the loan for personal, family, or household use;
- Is the loan secured by a mortgage, deed of trust, or other equivalent security interest;
- Is the loan for a dwelling located within North Carolina or property upon which a dwelling is to be constructed?
If you answered “No” to the sub questions above then – Proceed to Question 2.
If you answered “Yes” to the sub questions above, answer the following questions:
1a. Do you, for compensation or gain, or in the expectation of compensation or gain, either directly or indirectly,
- accept or offer to accept an application for a residential mortgage loan from prospective borrowers;
- solicit or offer to solicit a residential mortgage loan from prospective borrowers;
- negotiate the terms or conditions of a residential mortgage loan with prospective borrowers;
- issue residential mortgage loan commitments or interest rate guarantee agreements to prospective borrowers; or
- engage in tablefunding of residential mortgage loans, whether any such acts are done through contact by telephone, by electronic means, by mail, or in person with the borrowers or prospective borrowers?
- 1b. Do you, make or fund, or offer to make or fund, or advance funds on residential mortgage loans for compensation or gain, or in the expectation of compensation or gain?
- 1c. Do you engage, whether for compensation or gain from another or on one’s own behalf, in the business of receiving any scheduled periodic payments from a borrower pursuant to the terms of any residential mortgage loan, including amounts for escrow accounts, and making the payments of principal and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the residential mortgage loan, the residential mortgage loan servicing documents, or servicing contract, or otherwise to meet the definition of the term “servicer” in 12 U.S.C. § 2605(i)(2) with respect to residential mortgage loans?
1d. If you answer “Yes” to any of 1a, 1b, or 1c – then, are you licensed by the North Carolina Banking Commission?
- If you are licensed by the North Carolina Banking Commission, you do not have to file as a Loan Broker.
- If you are not licensed by the North Carolina Banking Commission, you must contact the North Carolina Banking Commission at 919-733-3016.
2. Is the person, firm, or corporation, in return for any consideration from another person, promising to:
2a. Procure for such person, or assist such person in procuring, a loan from any third party?
- If “Yes”, must file unless exceptions 3-6 apply.
2b. Consider whether or not you will make a loan to such person?
If “Yes”, must file unless applicable exceptions 3-7 apply.
Exception 7 applies to the lender if the lender’s loans or advances exceed one million dollars ($1,000,000) in aggregate in the preceding calendar year.
- If “Yes”, must file unless applicable exceptions 3-7 apply.
- 2a. Procure for such person, or assist such person in procuring, a loan from any third party?
- If you answered “No” to either of the above questions, you do not have to register as a Loan Broker with the NC Secretary of State’s Office. If you answered “Yes” to either question above, an exception may apply. If you answer “Yes” to any of the below exceptions, you do not have to register as a Loan Broker.
- 3. Are you approved as a mortgagee by the Secretary of Housing and Urban Development, the Federal Housing Administration, the Veterans Administration, a National Mortgage Association or any federal agency?
- 4. Are you currently designated and compensated by a North Carolina licensed insurance company and its agent to service loans it makes in this State?
- 5. Are you an insurance company registered with and licensed by the North Carolina Insurance Commissioner?
- 6. Is the party an attorney-at-law, public accountant or dealer registered under the North Carolina Securities Act, and acting in the professional capacity for which such attorney-at-law, public accountant, or dealer is registered or licensed under the laws of the State of North Carolina?
- 7. Has the lender made loans or advances in the preceding calendar year to any person, firm or corporation in North Carolina that in the aggregate are more than one million dollars ($1,000,000)?
- Any party who answers NO to all of the above exception questions #3 through #7 applicable per question 2, and is not engaged in the mortgage business, must file as a loan broker.
- Residential Mortgage Loans and Mortgage Loans means any loan made or represented to be made to a natural person or persons primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling located within this State or residential real estate upon which is constructed or intended to be constructed a dwelling. (N.C.G.S. 53-244.030(30).